Fence laws in West Virginia
What West Virginia statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
West Virginia fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | W. Va. Code 19-17-4 |
| Fence height | Silent | no figure | W. Va. Code 19-17-1 |
| Permits | Stated | no figure | W. Va. Code 15A-11-5(e) |
| Pool barriers | Delegated | no figure | 87 CSR 4 |
| Spite fences | Silent | no figure | W. Va. Code 19-17-1 through 19-17-11 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Stated | 6 strands | W. Va. Code 19-17-1 |
Fence laws in West Virginia, question by question
Who owns the fence between two properties in West Virginia?
StatedThe code gives a plain answer, and the line it appears on is quoted.
West Virginia treats every partition fence as a lawful fence by default. Two neighbors can agree on a different kind of fence, but the deal has to be in writing, made in two copies, and signed in front of a notary. When a fence set by that kind of written deal is kept in good repair, animal trespass across it is handled the same way as across a lawful fence.
All partition fences shall be lawful fences, unless otherwise agreed upon by the adjoining owners by a writing executed in duplicate
Also on fences on the property line in West Virginia
- StatedWhen two neighboring tracts are both used for farming, gardening, grazing, or livestock, each side pays a fair share of the partition fence between them. The share covers building the fence, repairing it, and keeping it up. The statute says a just proportion and does not fix one split for every case. W. Va. Code 19-17-5West Virginia · Statute
- StatedA landowner who plans to build or repair a partition fence can hand the neighbor a written notice that describes the fence or the repair work. The neighbor then has ten days to answer in writing and state any objection. A neighbor who never answers and never does the work can be held liable for a fair share of what the fence cost. W. Va. Code 19-17-7West Virginia · Statute
- StatedIf neighbors cannot agree on who pays what for a partition fence, either one can file a civil case in magistrate or circuit court in the county where the fence sits. The court decides the fair share. For a post and wire fence built to the state standard, one neighbor cannot be charged more than half the cost. W. Va. Code 19-17-8West Virginia · Statute
How tall can a fence be in West Virginia?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
West Virginia sets no statewide limit on residential fence height. The state fence statute only sets minimum heights for farm fences that hold livestock, and it sets no maximum for a yard fence. Height is set by municipal ordinance and by whatever building code the county or city has adopted.
Documents read before writing that:
- W. Va. Code 19-17-1West Virginia Legislature
- W. Va. Code 15A-11-5West Virginia Legislature
Do I need a permit for a fence in West Virginia?
StatedThe code gives a plain answer, and the line it appears on is quoted.
West Virginia has a State Building Code written by the State Fire Commission, but it does not switch on by itself everywhere. A county or city that wants the code has to adopt it and then notify the State Fire Marshal. The code has force only in the counties and cities that adopt it.
each county or municipality intending to adopt the State Building Code shall notify the State Fire Marshal of its adoption
Also on permits in West Virginia
- StatedThe state writes the building code but does not enforce it. Permits and inspections are run by the county or city, so the permit rule for a fence comes from the local office. Two local governments can also agree to share inspection and enforcement staff. W. Va. Code 15A-11-5(d)West Virginia · Statute
- StatedBuildings and structures used mainly for farming sit outside the State Building Code and the State Fire Code. The same exemption reaches any county or city building code or property maintenance code. Section 15A-11-3 defines what counts as an agricultural purpose. W. Va. Code 15A-11-5(a)West Virginia · Statute
Pool fence requirements in West Virginia
DelegatedThe code hands the question to a department standard that is not printed in the code.
A pool barrier requirement does exist in West Virginia, and no West Virginia statute states it. The State Building Code, 87 CSR 4, adopts the 2018 International Swimming Pool and Spa Code by reference at subsection 4.1.n, and the barrier height, the gap limits and the gate rules all live in that model code rather than in state law. The model code is copyrighted and is published on no state site. The adoption also carries the same limit as the rest of the State Building Code: it reaches only the counties and cities that have adopted the code and told the State Fire Marshal.
The 2018 edition of the International Swimming Pool and Spa Code.
The code hands this to the 2018 International Swimming Pool and Spa Code, which is not published in the code itself.
Spite fence laws in West Virginia
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
West Virginia has no spite fence statute. The fence article runs from 19-17-1 through 19-17-11 and covers lawful fences, rivers used as fences, hedge fences, and partition fences. Nothing in it limits a fence built to annoy a neighbor or ties a height trigger to intent.
Documents read before writing that:
- W. Va. Code 19-17-1 through 19-17-11West Virginia Legislature
- W. Va. Code 19-17-3West Virginia Legislature
How fence height is measured in West Virginia
Not researched yet for West Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in West Virginia
Not researched yet for West Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in West Virginia
Not researched yet for West Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in West Virginia
Not researched yet for West Virginia. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in West Virginia
StatedThe code gives a plain answer, and the line it appears on is quoted.
West Virginia spells out what counts as a lawful fence for holding horses, mules, cattle, sheep, swine, and goats. A post and wire fence has to stand four feet high and carry at least six strands, with the bottom strand five inches off the ground and posts no more than sixteen feet apart. Other builds have their own numbers, such as four and a half feet for a rail fence and three and a half feet for a stone fence.
If built with posts and wire, or pickets and wire, four feet high, and shall consist of not less than six strands
6 strandsleast number of wires in a lawful post and wire farm fence
Documents behind this page
9 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- West Virginia LegislatureWest Virginia Code, Section 19-17-4
- West Virginia LegislatureWest Virginia Code, Section 19-17-5
- West Virginia LegislatureWest Virginia Code, Section 19-17-7
- West Virginia LegislatureWest Virginia Code, Section 19-17-8
- West Virginia LegislatureWest Virginia Code, Section 19-17-1
- West Virginia LegislatureWest Virginia Code, Section 15A-11-5
- West Virginia State Fire MarshalWest Virginia Code of State Rules, Title 87 Series 4, State Building Code
- West Virginia LegislatureWest Virginia Code, Chapter 19, Article 17 (Fences)
- West Virginia LegislatureWest Virginia Code, Section 19-17-3
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean